Neutral Citation No.

- 2023:AHC:204204

Court No. - 2

Case :- TRANSFER APPLICATION (CIVIL) No. - 700 of 2023

Applicant :- Minakshi Srivastava

Opposite Party :- Ratish S. Rudra
Counsel for Applicant :- Yash Pratap Singh,Birendra Singh

Hon'ble Saral Srivastava,J.

Order on Order Sheet.

In view of the office report dated 25.10.2023, the service of notice

upon opposite party is deemed to be sufficient.

Order on Transfer Application.

1. Heard learned counsel for the applicant.

2. No one appears on behalf of the opposite party even in repeated

calls.

3. The present application has been filed by the applicant-wife

seeking transfer of Case No.2344 of 2022 (Ratish S. Rudra Vs.
Minakshi Srivastava), under Section 10 of the Hindu Marriage Act
pending in the court of Principal Judge, Family Court, District
Varanasi to court of Principal Judge, Family Court, District
Gorakhpur.

4. It is submitted by the learned counsel for the applicant that a

proceeding Section 125 of Cr.P.C. has been instituted by the
applicant against the opposite party at Gorakhpur whereas opposite
party has instituted the proceeding under Section 10 of Hindu
Marriage Act at Varanasi. It is submitted that applicant is residing
with her aged parents at Gorakhpur and distance between
Gorakhpur to Varanasi is about 200 kilometre and applicant has no
source of income to meet the litigation expenses and other
expenses which is to be incurred in travelling from Gorakhpur to
Varanasi to contest the case instituted by opposite party at Varanasi
on each and every date fixed in the matter. It is further submitted
that financial condition of applicant is not good to do pairvi in the
case. It is further submitted that no amount towards maintenance is
being paid to the applicant by the opposite party. It is also
submitted that balance of convenience also lay in favour of the
 applicant, and if the case is allowed to be proceeded at Varanasi,
applicant would suffer serious prejudice.

5. The opposite party has neither put in appearance nor filed any
counter affidavit, therefore, the averments contained in the
affidavit filed in support of the transfer application are unrebutted
and they are being treated to be correct.

6. It is settled in law that convenience of wife is to be looked into

in case of dispute between the husband and wife. Therefore,
considering the hardship which is being by the applicant-wife, it is
a fit case where this Court should exercise its power to transfer the
case from District Varanasi to District Gorakhpur.

7. Accordingly, the Case No.2344 of 2022 (Ratish S. Rudra Vs.

Minakshi Srivastava), under Section 10 of the Hindu Marriage Act
pending in the court of Principal Judge, Family Court, District
Varanasi is transferred to the court of Principal Judge, Family
Court, Gorakhpur.

8. The Principal Judge, Family Court, Varanasi is directed to remit

the record of Case No.2344 of 2022 (Ratish S. Rudra Vs. Minakshi
Srivastava), under Section 10 of the Hindu Marriage Act to the
court of Principal Judge, Family Court, Gorakhpur for its disposal.

9. The Transfer Application is allowed with no order as to costs.

Order Date :- 26.10.2023

Sattyarth

Digitally signed by :-
SATTYARTH ANAND
High Court of Judicature at Allahabad